[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR2.4]



[Page 9-10]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 2_TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN PROCEEDINGS 

WHERE THE UNITED STATES IS NOT A PARTY--Table of Contents

 

Sec.  2.4  Procedures when voluntary testimony is requested or when an 

employee is subpoenaed.



    (a) All requests for testimony by an employee or former employee of 

the DHHS in his or her official capacity and not subject to the 

exceptions set forth in Sec.  2.1(d) of this part must be addressed to 

the Agency head in writing and must state the nature of the requested 

testimony, why the information sought is unavailable by any other means, 

and the reasons why the testimony would be in the interest of the DHHS 

or the federal government.

    (b) If the Agency head denies approval to comply with a subpoena for 

testimony, or if the Agency head has



[[Page 10]]



not acted by the return date, the employee will be directed to appear at 

the stated time and place, unless advised by the Office of the General 

Counsel that responding to the subpoena would be inappropriate (in such 

circumstances as, for example, an instance where the subpoena was not 

validly issued or served, where the subpoena has been withdrawn, or 

where discovery has been stayed), produce a copy of these regulations, 

and respectfully decline to testify or produce any documents on the 

basis of these regulations.



[68 FR 25840, May 14, 2003]